Whiteside v. Duke

ORDER PARTIALLY DISMISSING COMPLAINT AND DIRECTING
PLAINTIFF TO PROVIDE ADDITIONAL INFORMATION TO FACILITATE
SERVICE OF PROCESS ON REMAINING DEFENDANT

JAMES
D. TODD UNITED STATES DISTRICT JUDGE

On June
5, 2017, Plaintiff Cedrick Whiteside, who at the time of
filing was a pretrial detainee at the Henderson County
Criminal Justice Complex (HCCJC) in Lexington, Tennessee,
filed a pro se complaint pursuant to 42 U.S.C.
§ 1983 and a motion to proceed in forma
pauperis. (ECF Nos. 1 & 2.) After Whiteside filed
the financial documents required under the Prison Litigation
Reform Act (PLRA), 28 U.S.C. §§ 1915(a)-(b), (ECF
No. 6), the Court issued an order granting leave to proceed
in forma pauperis and assessing the civil filing fee
pursuant to the Prison Litigation Reform Act (PLRA), 28
U.S.C. §§ 1915(a)-(b). (ECF No. 7.)

On May
30, 2019, the Court directed Whiteside to file a non-prisoner
in forma pauperis affidavit or pay the remaining
portion of the filing fee because Whiteside had notified the
Court of his release from HCCJC. (ECF No. 25.) On June 5,
2019, however, Whiteside notified the Court that he is again
incarcerated at the HCCJC. (ECF No. 26) The Court therefore
issued an order reassessing the remaining portion of the
civil filing fee in accordance with the PLRA. (ECF No. 28.)

Whiteside
alleges that on April 14, 2017, he was arrested and taken to
the HCCJC for booking. (ECF No. 1 at PageID 2.) As
Whiteside's hands were handcuffed behind his back,
Trooper Pots allegedly pulled his hands upward, which
“[b]roke the key of the Handcuff Inside the
cuffs” and caused pain in Whiteside's shoulders and
hand. (Id.) Whiteside alleges that Trooper Williams
also was present during this incident and held Whiteside when
he was “assaulted” by Trooper Pots. (ECF No. 5 at
PageID 6.) An unspecified person allegedly told Whiteside
“on the side” before his arrest that if he did
not remain quiet, he “would be Hanged From a Tree with
an exten[s]ion cord.” (ECF No. 1 at PageID 3.) Officer
Shanks walked Whiteside to a holding cell with his hand on
Whiteside's neck, which Whiteside alleges did not cause
pain, so that Whiteside “wouldn't get any new
charges or try to retaliate against Trooper Pots.”
(Id.)

A few
days later, Whiteside spoke with Nurse Derinda and requested
treatment for the pain in his arm. (Id.) Derinda
said she would contact a doctor, and Whiteside received
x-rays about a week later. (Id.) The x-ray revealed
that Whiteside had a dislocated thumb and torn ligaments in
his hand, for which he received two different casts from a
doctor outside the HCCJC. (Id.) Whiteside described
his injury to Lieutenant Bausman, who did not report it to
the Sheriff, and to Officer Shanks, who told Whiteside
“to pray about the situation.” (Id. at
PageID 4.)

Whiteside
alleges that he spoke with Sergeant Hatchett, who is not a
Defendant, about signing a “property form” so
that money could be transferred to Whiteside's wife.
(Id.) Officer Smith “fro[wned] on the
situation then stated it wasn't going to Happen.”
(Id.) Whiteside alleges that since speaking with
Officer Smith, Lieutenant Bausman has denied him
“access to call my Lawyer, ” denied
“request slips, ” and charged $600 for the
treatment of his hand. (Id. at PageID 4-5.)
Whiteside in passing also alleges that inmates at the HCCJC
are forced to eat in the same room where others use the
toilet. (Id. at PageID 5.)

In his
amendments, Whiteside alleges that Defendant Renfroe
“has continued to not abide by the state notary of the
public policies and laws.” (ECF No. 5 at PageID 15.)
According to Whiteside, Renfroe “is in charge of legal
and law books” at the HCCJC and refused to provide him
legal books, or told him she could not find them, and refused
to notarize legal documents. (Id. at PageID 16.)
Whiteside alleges that his grievances about Renfroe have gone
unanswered. (Id.) He also alleges that his
grievances against Defendant Vineyard, who is in charge of
trust fund accounts at HCCJC, were mishandled. (ECF No. 10 at
PageID 30.)

Whiteside
further alleges that he “has been exposed to the
Hepatitis Disease” at the HCCJC. (ECF No. 21 at PageID
73.) He alleges that he was temporarily housed with another
inmate who, unknown to Whiteside, has Hepatitis A.
(Id. at PageID 74-75.) Whiteside alleges that he
shared food and electronic cigarettes and played cards with
the other inmate while housed with him. (Id.)
Whiteside alleges that “hundreds of inmates have passed
through” the different pods in the HCCJC, and he has
had contact with dozens, but there is no medical protocol in
place to test incoming inmates for diseases or bloodborne
illnesses. (Id. at PageID 76.) Whiteside alleges
that in June 2018, the HCCJC staff learned that the inmate
had Hepatitis A, and the entire jail, including the staff,
were vaccinated for Hepatitis A. (Id. at PageID 78.)
He contends, however, that a six-month follow-up vaccine is
required, and he questions whether he will receive it.
(Id.)

Whiteside
sues the Defendants in their individual and official
capacities. (ECF No. 1 at PageID 5.) He seeks $100, 000 in
damages from each Defendant. (Id. at PageID 6.)

The
Court is required to screen prisoner complaints and to
dismiss any complaint, or any portion thereof, if the
complaint-

(1) is frivolous, malicious, or fails to state a claim upon
which relief may be granted; or

(2) seeks monetary relief from a defendant who is immune from
...

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